2004 Legislation
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HOUSE BILL NO. 569 – Elevator Safety Code Act

HOUSE BILL NO. 569

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H0569...........................................................by BUSINESS
ELEVATOR SAFETY CODE ACT - Amends and adds to existing law relating to
elevator safety to set forth legislative findings and intent; to define
terms; to provide for enforcement and rulemaking authority; to provide
scope and exemptions; to require that installation and periodic inspections
be performed by certain persons; to require permits; to provide for
responsibility for operation and maintenance of equipment and period tests;
to provide for certificates to operate; to provide that operation of a
conveyance without a certificate may be enjoined; to adopt safety codes; to
require inspections and tests; to set forth fee schedules; to provide for
annual renewal of certificates; to provide for inspection reports; to
provide that violations constitute misdemeanors; to set forth punishment;
to provide civil penalties; to require notice for violations; to set forth
nonliability provisions; to set forth provisions relating to accidents; and
to remove obsolete references to elevators.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Bus
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood
      NAYS -- None
      Absent and excused -- Crow, Deal, Field(23), Jones, Mr. Speaker
    Floor Sponsor - Gagner
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Com/HuRes
02/27    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 29-0-6
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
    Floor Sponsor - Noble
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
04/01    Governor signed
         Session Law Chapter 359
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 569
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELEVATOR SAFETY; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF
  3        A NEW CHAPTER 86, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT TITLE,  TO  SET
  4        FORTH  LEGISLATIVE  FINDINGS  AND  INTENT, TO DEFINE TERMS, TO PROVIDE FOR
  5        ENFORCEMENT AND RULEMAKING AUTHORITY, TO PROVIDE SCOPE AND EXEMPTIONS,  TO
  6        REQUIRE THAT INSTALLATION AND PERIODIC INSPECTIONS BE PERFORMED BY CERTAIN
  7        PERSONS,  TO  REQUIRE  PERMITS,  TO  PROVIDE  FOR THE SUBMISSION OF PERMIT
  8        APPLICATIONS, TO REQUIRE POSTING OF PERMITS,  TO  PROVIDE  EXCEPTIONS,  TO
  9        PROVIDE  THAT  PERMITS  AND INSPECTIONS ARE NOT EXCLUSIVE REQUIREMENTS, TO
 10        PROVIDE FOR THE RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF  EQUIPMENT
 11        AND  PERIODIC  TESTS, TO PROVIDE FOR TEMPORARY CERTIFICATES TO OPERATE, TO
 12        PROVIDE FOR CERTIFICATES TO OPERATE, TO PROVIDE THAT OPERATION OF  A  CON-
 13        VEYANCE  WITHOUT  A  CERTIFICATE  MAY BE ENJOINED, TO SET FORTH PROVISIONS
 14        RELATING TO THE AUTHORITY OF THE ADMINISTRATOR TO ORDER THE DISCONTINUANCE
 15        OF CERTAIN OPERATIONS, TO ADOPT SAFETY CODES, TO REQUIRE  INSPECTIONS  AND
 16        TESTS,  TO  SET FORTH FEE SCHEDULES, TO PROVIDE FOR ANNUAL RENEWAL OF CER-
 17        TIFICATES, TO PROVIDE FOR INSPECTION REPORTS, TO PROVIDE  THAT  VIOLATIONS
 18        CONSTITUTE  MISDEMEANORS AND TO SET FORTH PUNISHMENT, TO PROVIDE FOR CIVIL
 19        PENALTIES, TO REQUIRE NOTICE OF VIOLATIONS, TO SET FORTH NONLIABILITY PRO-
 20        VISIONS AND TO SET FORTH PROVISIONS RELATING TO ACCIDENTS;  AMENDING  SEC-
 21        TION 39-4109, IDAHO CODE, TO REMOVE A REFERENCE TO AN ELEVATOR AND ESCALA-
 22        TOR SAFETY CODE; AND AMENDING SECTION 72-720, IDAHO CODE, TO REMOVE A REF-
 23        ERENCE TO ELEVATORS.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION  1.  That Title 39, Idaho Code, be, and the same is hereby amended
 26    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 27    ter 86, Title 39, Idaho Code, and to read as follows:
                                                                        
 28                                      CHAPTER 86
 29                            IDAHO ELEVATOR SAFETY CODE ACT
                                                                        
 30        39-8601.  SHORT TITLE. This chapter shall be known and may be cited as the
 31    "Elevator Safety Code Act."
                                                                        
 32        39-8602.  LEGISLATIVE FINDINGS AND INTENT. (1) The purpose of this chapter
 33    is  to provide for safety of life and limb and to ensure that the safe design,
 34    mechanical and electrical operation, erection, installation, alteration, main-
 35    tenance, inspection and repair of elevators, escalators, moving  walks,  plat-
 36    form lifts, material lifts, and dumbwaiters, and all such operation, erection,
 37    installation,  alteration,  maintenance,  inspection and repair subject to the
 38    provisions of this chapter shall be reasonably safe to  persons  and  property
 39    and  in  conformity with the provisions of this chapter. The use of unsafe and
 40    defective lifting devices imposes a substantial  probability  of  serious  and
 41    preventable  injury  to employees and the public exposed to unsafe conditions.
                                                                        
                                           2
                                                                        
  1    The prevention of these injuries and the protection of employees and the  pub-
  2    lic  from  unsafe  conditions  is  in  the best interest of the people of this
  3    state. Personnel performing work covered by this chapter must,  by  documented
  4    training  or  experience  or  both,  be familiar with the operation and safety
  5    functions of the components and equipment and be licensed in  accordance  with
  6    this  chapter.  Training and experience shall include, but are not limited to,
  7    recognizing the safety hazards and performing the procedures to which they are
  8    assigned in conformance with the requirements of this  chapter.  This  chapter
  9    establishes  the  minimum  acceptable  standards  for personnel performing all
 10    inspections required in this chapter.
 11        (2)  This chapter is not intended to prevent the use of  systems,  methods
 12    or  devices of equivalent or superior quality, strength, fire resistance, code
 13    effectiveness, durability and safety to those required by this  chapter,  pro-
 14    vided  that there is technical documentation to demonstrate the equivalency of
 15    the system, method or device, as prescribed in  this  chapter  and  the  rules
 16    adopted under this chapter.
                                                                        
 17        39-8603.  DEFINITIONS.  As used in this chapter, the terms defined in this
 18    section shall have the following meanings unless the context clearly indicates
 19    another meaning:
 20        (1)  "Administrator" means the administrator of the division  of  building
 21    safety for the state of Idaho.
 22        (2)  "ANSI" means the American national standards institute.
 23        (3)  "ASME" means the American society of mechanical engineers.
 24        (4)  "Conveyance"  includes  elevators, escalators, moving walks, platform
 25    lifts, material lifts, and dumbwaiters.
 26        (5)  "Division" means the Idaho division of building safety.
 27        (6)  "Dumbwaiter" means a hoisting and lowering mechanism equipped with  a
 28    car  of  limited size that is used exclusively for carrying materials and that
 29    moves in guide rails and serves two (2) or more landings.
 30        (7)  "Elevator" means a hoisting or lowering machine equipped with  a  car
 31    or  platform that moves in guides and services two (2) or more floors or land-
 32    ings of a building or structure.
 33        (8)  "Escalator" means a power-driven, inclined, continuous stairway  used
 34    for raising and lowering passengers.
 35        (9)  "Installation"  means  a  complete conveyance including any hoistway,
 36    hoistway enclosures and related construction, and all machinery and  equipment
 37    for its operation.
 38        (a)  "Existing installation" means an installation that has been completed
 39        or upon which construction was commenced prior to July 1, 2004.
 40        (b)  "New installation" means any installation not classified as an exist-
 41        ing  installation  by definition, or an existing conveyance moved to a new
 42        location subsequent to July 1, 2004.
 43        (10) "Maintenance" means a process of  routine  examination,  lubrication,
 44    cleaning,  adjustment,  and replacement of parts for the performance in accor-
 45    dance with applicable code requirements.
 46        (11) "Major alteration" means any change to  equipment  or  other  mainte-
 47    nance,  repair  or  replacement  where  work is defined by any applicable code
 48    requirement.
 49        (12) "Material lift" means a  hoisting  and  lowering  mechanism  normally
 50    classified  as an elevator, equipped with a car that moves within a guide sys-
 51    tem installed at an angle of greater than seventy degrees (70 ) from the hori-
 52    zontal, serving two (2) or more landings,  for  the  purpose  of  transporting
 53    materials which are manually or automatically loaded or unloaded.
 54        (13) "Modernization" means the replacing or upgrading of any major operat-
                                                                        
                                           3
                                                                        
  1    ing component(s) of a conveyance.
  2        (14) "Moving  walks"  means  a  type of passenger-carrying device on which
  3    passengers stand or walk and in which the passenger-carrying  surface  remains
  4    parallel to its direction of motion and is uninterrupted.
  5        (15) "Owner" includes the designated agent or representative of the owner.
  6        (16) "Platform  lift"  means  a hoisting and lowering mechanism that moves
  7    within a guide system and serves two (2) or more  landings,  and  may  include
  8    vertical or inclined platform lifts used by persons who are mobility impaired.
  9        (17) "Private residence" means a separate dwelling or a separate apartment
 10    in a multiple dwelling occupied only by the members of a single family unit.
 11        (18) "Qualified  elevator  inspector"  or "QEI" means a person who is cur-
 12    rently certified by the National Association of  Elevator  Safety  Authorities
 13    International  (NAESA  International)  accredited  certifying  organization as
 14    meeting the requirements of the NAESA International QEI-1 standard, and who is
 15    employed by or under contract to the division of building safety.
 16        (19) "Repair" means the process of rehabilitation, upgrading  or  replace-
 17    ment  of parts that are basically the same as the originals for the purpose of
 18    ensuring performance in accordance with the applicable code requirements.
 19        (20) "Replacement" means the substitution of a device or component in  its
 20    entirety  with  a  new unit that is basically the same as the original for the
 21    purpose of  ensuring  performance  in  accordance  with  the  applicable  code
 22    requirements.
                                                                        
 23        39-8604.  ENFORCEMENT.  The  administrator shall enforce the provisions of
 24    this chapter. Local governments shall not adopt codes or institute enforcement
 25    programs with regard to conveyances.
                                                                        
 26        39-8605.  ADMINISTRATOR'S  RULEMAKING  AUTHORITY.  The  administrator  may
 27    adopt rules and codes governing the operation, installation, alteration, main-
 28    tenance, inspection and repair of conveyances and shall  adopt  minimum  stan-
 29    dards governing existing installations. The administrator may adopt such rules
 30    and  fees  as  are reasonably necessary to establish and administer the provi-
 31    sions of this chapter.
                                                                        
 32        39-8606.  SCOPE -- EXEMPTIONS. The provisions of this chapter shall  apply
 33    to all conveyances within the state of Idaho except the following:
 34        (1)  Conveyances located in private residences;
 35        (2)  Conveyances in federally-owned facilities;
 36        (3)  Conveyances  permanently  removed  from  service  or made effectively
 37    inoperative; and
 38        (4)  Conveyances erected temporarily for use only during construction work
 39    that are of such a design that they must be operated by a workman stationed at
 40    the hoisting machine.
                                                                        
 41        39-8607.  INSPECTIONS. On and after July 1, 2004,  all  installations  and
 42    periodic  inspections  required by this chapter shall be performed by a QEI as
 43    defined in this chapter.
                                                                        
 44        39-8608.  INSTALLATION PERMITS  REQUIRED  --  APPLICATION  --  POSTING  --
 45    EXCEPTIONS  --  OTHER LICENSES, PERMITS AND INSPECTIONS. (1) On and after July
 46    1, 2004, it shall be unlawful for any person to do, or cause or permit  to  be
 47    done,  whether  acting  as  principal,  agent or employee, any installation or
 48    major alteration of any conveyance in the state of Idaho without first procur-
 49    ing an installation permit from the division of  building  safety  authorizing
 50    the work to be done.
                                                                        
                                           4
                                                                        
  1        (2)  The  owner of a conveyance shall submit an application for the permit
  2    in a form that the division may prescribe. A copy of the plans  or  specifica-
  3    tions  for  the installation,  erection, major alteration, or relocation shall
  4    be attached to the permit application.
  5        (3)  The permit issued by the division shall be kept posted  conspicuously
  6    at the site of installation.
  7        (4)  No  installation  permit is required for repairs and replacement nor-
  8    mally necessary for maintenance and made with parts of  equivalent  materials,
  9    strength and design, or for installations and major alterations that have been
 10    commenced prior to July 1, 2004, or for new installations let for bid prior to
 11    November 1, 2002.
 12        (5)  The  installation permit and inspections required in this chapter are
 13    not exclusive. Installations and major alterations of  conveyances  as  herein
 14    defined  may  be  subject to licensing, permitting and inspection requirements
 15    set forth in other provisions of law.
                                                                        
 16        39-8609.  RESPONSIBILITY FOR OPERATION AND MAINTENANCE  OF  EQUIPMENT  AND
 17    FOR  PERIODIC  TESTS.  (1)  The  person installing or altering a conveyance is
 18    responsible for its operation and maintenance until the division has issued an
 19    operating certificate for the conveyance. The owner  is  responsible  for  all
 20    tests  of a new, relocated or altered conveyance until the division has issued
 21    an operating permit for the conveyance.
 22        (2)  The owner shall be responsible for  the  safe  operation  and  proper
 23    maintenance of the conveyance after the division has issued the operating cer-
 24    tificate  and also during the period of effectiveness of any temporary operat-
 25    ing permit. The owner shall be responsible  for  assuring  that  all  required
 26    periodic tests are performed by a QEI as defined in this chapter.
                                                                        
 27        39-8610.  TEMPORARY  CERTIFICATE  TO  OPERATE.  A temporary certificate to
 28    operate may be issued by the administrator and shall be effective for not more
 29    than sixty (60) days. No temporary certificate  shall  be  issued  when  life-
 30    safety  nonconformances are present. Before the expiration of sixty (60) days,
 31    the conveyance shall be reinspected and a  permanent  certificate  to  operate
 32    shall be issued or the conveyance shall be put out of service.
                                                                        
 33        39-8611.   CERTIFICATE TO OPERATE. (1) Inspection and certificate. No con-
 34    veyance  shall be placed into operation until an inspection has been performed
 35    and a certificate to operate has been issued by the division.
 36        (2)  Inspection prior to issuance. A certificate to operate may be  issued
 37    only  if, after a thorough inspection, the QEI finds that the conveyance meets
 38    the required safety standards. If the conveyance is found to  be  unsafe,  the
 39    division shall prohibit the use of the conveyance until it is made safe.
 40        (3)  Term  of certificate. A certificate to operate shall be in effect for
 41    five (5) years, provided that the conveyance continues to  meet  the  require-
 42    ments of the appropriate codes as evidenced by annual inspections.
 43        (4)  Revocation  of  certificate.  The certificate to operate shall remain
 44    the property of the state of Idaho and may be revoked at any time if the  con-
 45    veyance  fails  to  meet  the  requirements of the appropriate codes or if the
 46    annual certification fee is not paid.
                                                                        
 47        39-8612.  OPERATION WITHOUT CERTIFICATE MAY BE ENJOINED. Whenever any con-
 48    veyance is being operated without a certificate required by this chapter,  the
 49    administrator  may apply to the district court of the county in which the con-
 50    veyance is located for a temporary restraining order or a temporary or  perma-
 51    nent injunction restraining the operation of the conveyance until the division
                                                                        
                                           5
                                                                        
  1    issues  a  certificate to operate. Notwithstanding any other provision of law,
  2    the division shall not be required to post a bond.
                                                                        
  3        39-8613.  ORDER TO DISCONTINUE OPERATION -- NOTICE -- CONDITIONS  --  CON-
  4    TENTS  OF  ORDER  --  RESCISSION  OF  ORDER  -- VIOLATION -- PENALTY -- RANDOM
  5    INSPECTIONS. (1) The administrator may order the owner or person  operating  a
  6    conveyance  to  discontinue  the  operation  of  a conveyance, and may place a
  7    notice that states that the conveyance shall not be operated, in a conspicuous
  8    place in the conveyance if the conveyance:
  9        (a)  Has not been constructed, installed, maintained or repaired in accor-
 10        dance with the requirements of this chapter; or
 11        (b)  Has otherwise become unsafe.
 12        (2)  The administrator's order is effective immediately and shall  not  be
 13    stayed by a request for an administrative hearing.
 14        (3)  The administrator shall prescribe a form for the order to discontinue
 15    operation. The order shall specify why the conveyance violates this chapter or
 16    is otherwise unsafe.
 17        (4)  The administrator shall rescind the order to discontinue operation if
 18    the  conveyance  is  fixed  or  modified to bring it into compliance with this
 19    chapter.
 20        (5)  An owner or a person that knowingly operates or allows the  operation
 21    of a conveyance in contravention of an order to discontinue operation, or that
 22    removes a notice not to operate, is:
 23        (a)  Guilty of a misdemeanor; and
 24        (b)  Subject to a civil penalty.
 25        (6)  The  division  may  conduct  random  on-site inspections and tests on
 26    existing installations and may witness periodic  inspections  and  testing  in
 27    order to ensure satisfactory performance.
 28        (7)  Administrative hearings of appeals from orders issued by the adminis-
 29    trator  shall be governed by the provisions of the Idaho administrative proce-
 30    dure act, chapter 67, title 52, Idaho Code.
                                                                        
 31        39-8614.  ADOPTION OF CODES. The following codes,  including  updates  and
 32    addenda  as set forth in the duly promulgated administrative rules, are hereby
 33    adopted for all conveyances subject to this chapter:
 34        (1)  ANSI/ASME, Safety Code for Elevators and Escalators.
 35        (2)  ANSI/ASME, Guide for Inspection of Elevators, Escalators, and  Moving
 36    Walks.
 37        (3)  ANSI/ASME, Safety Code for Existing Elevators and Escalators.
 38        (4)  ANSI/ASME, Guide for Emergency Personnel.
 39        (5)  ANSI/ASME, Standards for Elevator and Escalator Electrical Equipment.
 40        (6)  ANSI/ASME, Safety Requirements for Personnel Hoists and Employee Ele-
 41    vators for Construction and Demolition of Operations.
 42        (7)  ICC/ANSI, American National Standard, Accessible and Usable Buildings
 43    and Facilities.
 44        (8)  ANSI/ASME,   Safety   Standards   for  Platform  Lifts  and  Stairway
 45    Chairlifts.
 46        (9)  ASME, Standards for the Qualification of Elevator Inspectors.
                                                                        
 47        39-8615.  INSPECTIONS AND TESTS. Conveyances shall have an inspection per-
 48    formed in accordance with ANSI/ASME standards set forth  in  section  39-8614,
 49    Idaho Code. The following types of inspections are required:
 50        (1)  Acceptance. The initial inspection and tests of new or altered equip-
 51    ment by a QEI to check for compliance with the applicable code requirements.
 52        (2)  Periodic.  Periodic  inspection  and  tests  plus additional detailed
                                                                        
                                           6
                                                                        
  1    examination and operation of equipment at specified intervals performed  by  a
  2    QEI  to  check  for compliance with the applicable code requirements. Periodic
  3    inspections are required at least every five (5) years.
  4        (3)  Routine. Annual examinations performed in compliance with  applicable
  5    codes to verify compliance with requirements.
                                                                        
  6        39-8616.  FEES. Fees to be charged by the division shall be as follows:
  7        (1)  Installation,  alteration,  modernization or relocation fee schedule.
  8    Fees include one (1) plan review and  certificate  to  operate,  and  two  (2)
  9    acceptance  inspections  (each inspection thereafter will incur a reinspection
 10    fee):
 11        (a)  Certification fee:
 12             (i)   Traction and roped hydraulic elevator....................$1,500
 13             (ii)  Moving walk/escalator....................................$1,500
 14             (iii) Hydraulic elevator.......................................$1,000
 15             (iv)  Platform lift/material lift/dumbwaiter.....................$750
 16        (b)  Reinspection fee:
 17             (i)   Traction and roped hydraulic elevator......................$500
 18             (ii)  Moving walk/escalator......................................$500
 19             (iii) Hydraulic elevator.........................................$500
 20             (iv)  Platform lift/material lift/dumbwaiter.....................$250
 21        (2)  Annual certificate to operate fee schedule. Fees include annual  cer-
 22    tificate to operate and periodic inspection (every five (5) years):
 23        (a)  Certification fee:
 24             (i)   Traction and roped hydraulic elevator......................$225
 25             (ii)  Moving walk/escalator......................................$225
 26             (iii) Hydraulic elevator.........................................$125
 27             (iv)  Platform lift/material lift/dumbwaiter.....................$100
 28        (b)  Reinspection fee:
 29             (i)   Traction and roped hydraulic elevator......................$225
 30             (ii)  Moving walk/escalator......................................$225
 31             (iii) Hydraulic elevator.........................................$125
 32             (iv)  Platform lift/material lift/dumbwaiter.....................$100
 33        (3)  Temporary certificate to operate fee schedule (same as annual):
 34        (a)  Temporary certification fee:
 35             (i)   Traction and roped hydraulic elevator......................$225
 36             (ii)  Moving walk/escalator......................................$225
 37             (iii) Hydraulic elevator.........................................$125
 38             (iv)  Platform lift/material lift/dumbwaiter.....................$100
 39        (b)  Reinspection fee:
 40             (i)   Traction and roped hydraulic elevator......................$225
 41             (ii)  Moving walk/escalator......................................$225
 42             (iii) Hydraulic elevator.........................................$125
 43             (iv)  Platform lift/material lift/dumbwaiter.....................$100
 44        (4)  Application for initial certification (nonrefundable):
 45        All conveyances........................................................$50
                                                                        
 46        39-8617.  ANNUAL  RENEWAL.  Certificates to operate shall be renewed annu-
 47    ally by making application to the division on such forms as the  division  may
 48    prescribe.  Successful application shall require payment of the annual renewal
 49    fee and submission of a satisfactory routine inspection  form,  provided  how-
 50    ever,  that  on each five (5) year anniversary of issuance of the certificate,
 51    successful application shall require payment of the  annual  renewal  fee  and
 52    submission of a satisfactory periodic inspection form.
                                                                        
                                           7
                                                                        
  1        39-8618.  INSPECTION  REPORTS.  Within  fifteen (15) days of completion of
  2    the inspection, all inspection reports shall be filed with the division and  a
  3    copy shall be sent to the owner for corrective actions as required. Failure to
  4    complete corrective actions within fifteen (15) days of receipt of the inspec-
  5    tion report shall constitute grounds for the imposition of civil penalties and
  6    such further action as the division may deem appropriate.
                                                                        
  7        39-8619.  VIOLATIONS  --  MISDEMEANORS.  (1) Any person who willfully vio-
  8    lates any provision of this chapter or the duly promulgated rules hereunder is
  9    guilty of a misdemeanor and, upon conviction, shall be punished by a  fine  of
 10    not  more  than  three  hundred dollars ($300) or by imprisonment for not more
 11    than six (6) months or by both such fine and imprisonment.
 12        (2)  A separate violation is deemed to have occurred with respect to  each
 13    conveyance  not  in compliance with this chapter. Each day such violation con-
 14    tinues constitutes a separate offense.
                                                                        
 15        39-8620.  CIVIL PENALTY FOR VIOLATION OF CHAPTER -- NOTICE. (1) The admin-
 16    istrator may assess a penalty against a person violating a provision  of  this
 17    chapter.  The  penalty  shall be not more than five hundred dollars ($500) per
 18    violation. Each day that the violation continues is a separate  violation  and
 19    is subject to a separate penalty.
 20        (2)  The  administrator  shall  notify  the violator of his action and the
 21    reasons for his action in writing. The administrator shall send the notice  by
 22    certified  mail  to the violator's last known address. The notice shall inform
 23    the violator that a hearing may be requested under the provisions of the Idaho
 24    administrative procedure act, chapter 52, title 67, Idaho Code. A request  for
 25    a hearing shall not stay the effect of the penalty.
                                                                        
 26        39-8621.  NO LIMITATION OR ASSUMPTION OF LIABILITY. This chapter shall not
 27    be  construed  to  relieve or lessen the responsibility of any person, firm or
 28    corporation owning, operating, controlling, maintaining, erecting,  construct-
 29    ing,  installing,  altering,  inspecting,  testing or repairing any conveyance
 30    covered by this chapter for damages to any person or property  caused  by  any
 31    defect therein, nor does the state assume any such liability or responsibility
 32    for any liability to any person for whatever reason whatsoever by the adoption
 33    of this chapter or any acts or omissions arising hereunder.
                                                                        
 34        39-8622.  ACCIDENTS  --  REPORT  AND  INVESTIGATION -- CESSATION OF USE --
 35    REMOVAL OF DAMAGED PARTS. The owner shall promptly notify the division of each
 36    accident to a person requiring the service of a physician or  resulting  in  a
 37    disability  exceeding one (1) day and shall afford the division every facility
 38    for investigating and inspecting the accident. After being  so  notified,  the
 39    division shall without delay make an inspection and shall place on file a full
 40    and  complete  report  of  the  accident. The report shall detail all material
 41    facts and information gathered as  a  part  of  the  investigation  and  shall
 42    include  the  potential cause or causes of the accident, as may be ascertained
 43    by the division. The report shall be open to public inspection at all  reason-
 44    able  hours.  When an accident involves the failure or destruction of any part
 45    of the construction or the operating mechanism of a conveyance, the use of the
 46    conveyance is forbidden until it has been made safe, it has been  reinspected,
 47    any  repairs, changes or alterations have been approved by the division, and a
 48    permit has been issued by the division. The removal of any part of the damaged
 49    construction or operating mechanism from the premises is forbidden  until  the
 50    division grants permission to do so.
                                                                        
                                           8
                                                                        
  1        SECTION  2.  That  Section 39-4109, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        39-4109.  APPLICATION OF CODES. The following codes are hereby adopted for
  4    the state of Idaho division of building safety and shall only  be  applied  by
  5    local governments as prescribed by section 39-4116, Idaho Code:
  6        (1)  The  2000 International Building Code and appendices thereto pertain-
  7    ing to building accessibility, not including the adoption of the  incorporated
  8    electrical  codes,  plumbing  codes,  fire codes or property maintenance codes
  9    other than specifically referenced subjects or sections of  the  International
 10    Fire  Code,  but  including  the  incorporated International Residential Code;
 11    International Mechanical Code;  International  Fuel  Gas  Code;  International
 12    Energy  Conservation  Code; for the 2000 edition of the International Building
 13    Code, the requirements pertaining to accessibility for persons with  disabili-
 14    ties published by the International Code Council in the 2001 supplement to the
 15    International  Codes and rules promulgated by the board to provide equivalency
 16    with the provisions of  the  Americans  with  disabilities  act  accessibility
 17    guidelines  and  the  fair  housing  act  accessibility  guidelines  shall  be
 18    included;
 19        (2)  The  2000 International Residential Code as published by the Interna-
 20    tional Code Council, except for parts VII and VIII as they pertain to plumbing
 21    and electrical requirements;
 22        (3)  The 2000 International Energy Conservation Code as published  by  the
 23    International Code Council;
 24        (4)  The  latest  edition of the Uniform Mechanical Code, published by the
 25    International Conference of Building Officials; and
 26        (5)  The 1997 Uniform Code for Building Conservation as published  by  the
 27    International Conference of Building Officials; and
 28        (6)  The  Safety  Code  for  Elevators and Escalators (ASME/ANSI A17.1) as
 29    published by the American Society of Mechanical  Engineers  and  the  American
 30    National Standards Institute.
                                                                        
 31        SECTION  3.  That  Section  72-720, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        72-720.  POWERS OF COMMISSION -- SAFETY. (1) Except as provided in subsec-
 34    tion (2) of this section, whenever  it  receives  a  written  request  for  an
 35    inspection  or has written documented information that any employer subject to
 36    the commission's jurisdiction in worker  safety matters is  employing  workers
 37    in  or  about  any  structure,  room  or place of employment which is not con-
 38    structed and maintained in conformity with reasonable standards  of  construc-
 39    tion  as  shall  render  it  safe, or is employing workers on, or with, tools,
 40    equipment or machinery which are not equipped with safety devices,  safeguards
 41    or  other  means  of protection well adapted to render employees and places of
 42    employment safe, the commission  is  authorized  to  inspect  such  places  of
 43    employment, to compel such employer to cease employing workers in such places,
 44    or  on,  or  with,  such  tools,  appliances  or machinery, if they are deemed
 45    unsafe, and, pursuant to the provisions of chapter 52, title 67,  Idaho  Code,
 46    to adopt reasonable minimum safety standards.
 47        (2)  The provisions of this section requiring a written request or written
 48    documentation prior to an inspection shall not apply to:
 49        (a)  Inspections conducted pursuant to rules promulgated by the commission
 50        relating to the logging safety program, or elevators, boilers and pressure
 51        vessels; or
 52        (b)  Inspections  of buildings owned or maintained by a political subdivi-
                                                                        
                                           9
                                                                        
  1        sion of the state if such political subdivision has not, pursuant to chap-
  2        ter 41, title 39, Idaho Code, adopted applicable building codes and insti-
  3        tuted and implemented a code enforcement program; provided  however,  that
  4        inspections  by  the commission of such buildings shall be conducted on an
  5        annual basis only. For purposes of this  subsection,  "political  subdivi-
  6        sion"  means  any  governmental  unit  or special district of the state of
  7        Idaho.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 13656
This bill adds a new Chapter 86 relating to elevator safety requirements to Title
39. The purpose is to ensure that the use of elevators, escalators, moving walks,
platform lifts, material lifts and dumbwaiters is reasonably safe.

Elevator safety is found only in Idaho Code Section 72-720 which relates to the
Industrial Commission and worker safety in the workplace. IDAPA 17.07.01, Safety
Rules for Elevators, Escalators and Moving Walks, are promulgated pursuant to the
authority granted the Industrial Commission. However, the rules do not grant the
authority to enforce the requirements of safety inspections. This legislation
provides the authority to the Division of Building Safety for enforcement and
rulemaking.  It also establishes the requirements for a permitting process,
installations, inspections, types of certificates to operate, the adoption of
safety codes, sets forth fee schedules, sets forth nonliability provisions and
sets forth provisions relating to accidents.

The Division of Building Safety has record of approximately 860 elevators.
However, the private elevator companies doing business in Idaho estimate over
1,700. There are many elevators not being inspected or possibly never inspected.
In the past, only elevators have been inspected. This legislation expands the
inspections to include elevators, escalators, moving walks, platform lifts,
material lifts and dumbwaiters.

This bill also amends Section 39-4109, Idaho Code, removing a reference to an
elevator and escalator safety code.  It also amends Section 72-720, Idaho Code,
removing a reference to elevators.
                                 
                          FISCAL NOTE

The estimated savings to the Industrial Commission Administrative fund is
$200,000 per year. These funds are transferred to the Division of Building Safety
for inspection of elevators.

Funds in support of this legislation will come from elevator registration, annual
certificate for operational and reinspection fees.  Existing resources within the
industrial safety program will be utilized to start up the elevator program.  The
elevator inspection program will be self-supporting within the first year.

Impact on the General Fund will be inspection of state and school elevators and
lifts; chair and platform.  Estimated cost is $50,000 per year.

Based on 1,700 elevators (the figure provided by elevator companies), the annual
cost of Division of Building Safety inspection program is:

                    Ongoing        One-time
Personnel           $208,700         -0-
Operating costs     $ 65,800       $10,000
Capital outlay      $   -0-        $23,300
                    $274,500       $33,300
First year cost:                             $307,800


Contact:  Bob Corbell
          Building Owners and Managers Association 
          870-5817       
     
STATEMENT OF PURPOSE/FISCAL NOTE                          H 569